O’Brien, Harris, Moss, Llewellyn and others v Regina: CACD 14 Jul 2006

In each case the court was asked whether a sentence imposed under section 225(2) of the 2003 CJA for the protection of the public could be made to run consecutively to the principle sentence for the offence, and how did this link in with the courts powers under the section 116 PCCA 2003.
Held: Some of the defendants did not fall within the criteria so as to be found to pose a threat to public safety and the sentences were adjusted accordingly. Any section 116 period should be treated by adding it to the notional determinate term which the judge would otherwise have set. A section 116 period attracts the early release provisions.
Hooper L said: ‘it is undesirable to impose consecutive indeterminate sentences or order an indeterminate sentence to be served consecutively to another period of imprisonment. Common sense suggests that a sentence of life imprisonment or of IPP starts immediately on its imposition. Given the difficulties that may be encountered already in determining when a prisoner must be released or is eligible for parole, it seems to us to be much easier not to compound those difficulties by making indeterminate sentences consecutive to other sentences or periods in custody.’ However, the notional determinate term, which should then become the minimum term for the purposes of an IPP, should reflect the ‘totality of the offending’,
Hooper LJ, Penry-Davey, Walker JJ
[2006] EWCA Crim 1741, Times 30-Aug-2006, [2007] 1 WLR 833, [2007] 1 Cr App R(S) 75
Criminal Justice Act 2003 225(2), Powers of Criminal Courts (Sentencing) Act 2003 116
England and Wales
CitedRegina v Szczerba CACD 6-Feb-2002
The defendant appealed against sentence following conviction for burglary and false imprisonment. He had received sentences of 8 years and life respectively, with a determinate period of 11 years, and an earliest release of 6 years. The sentences . .
CitedRegina v Haywood CACD 2000
The defendant had been sentenced to 8 years for robbery. Two days after being sentenced he attacked a prison officer. He pleaded guilty to wounding with intent. The Recorder of Liverpool sentenced him to life imprisonment, as he was obliged to do . .
CitedLang and Others, Regina v CACD 3-Nov-2005
In each case the defendant had commited violent or sexual offences and were caught by the new mandatory sentencing provisions, and been made subject to life imprisonment, or detention for public protection, or an extended sentence.
Held: The . .

Cited by:
CitedRegina v Delucca CACD 31-Mar-2010
The court was asked as to as to the powers of the court in relation to the minimum term that can be imposed when sentences of Imprisonment for Public Protection (IPP) are passed under the provisions of the Criminal Justice Act 2003 (CJA 2003). The . .
CitedRegina v Smith (Nicholas) SC 20-Jul-2011
The defendant committed a series of armed robberies whilst released on licence from a term of life imprisonment. He appealed against an additional sentence of imprisonment for public protection (IPP), saying it was wrong to have two indeterminate . .
CitedCrees, Regina v CACD 24-Oct-2007
The defendant had been convicted of several offences involing serious assaults. He now appealed against a sentence to imprisonment for public protection. . .

These lists may be incomplete.
Updated: 24 February 2021; Ref: scu.243408